CHAPTER I

Preliminary

(3) Every person shall
be liable to punishment under this Act for every act or omission contrary
to the provisions thereof, of which he is held guilty in India.

(4) Any person who commits
an offence beyond India which is punishable under this Act shall be
dealt with according to the provisions of this Act in the same manner
as if such act had been committed in India.

(5) The provisions of this
Act apply also to—

(a) citizens of India outside
India;

(b) persons in the service
of the Government, wherever they may be; and

(c) persons on ships and
aircrafts, registered in India, wherever they may be.

(6) Save as otherwise provided
in respect of entries at serial numbers 24 and 25 of the Schedule to
this Act, it shall be deemed to have come into force on the 24th day
of October, 2001 and shall remain in force for a period of three years
from the date of its commencement, but its expiry under the operation
of this sub-section shall not affect—

(a) the previous operation
of, or anything duly done or suffered under this Act, or

(b) any right, privilege,
obligation or liability acquired, accrued or incurred under this Act,
or

(c) any penalty, forfeiture
or punishment incurred in respect of any offence under this Act, or

(d) any investigation,
legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid,

and, any such investigation,
legal proceeding or remedy may be instituted, continued or enforced
and any such penalty, forfeiture or punishment may be imposed as if
this Act had not expired.

2. Definitions.-

(1) In this Act, unless
the context otherwise requires,—

(a) "Code" means
the Code of Criminal Procedure, 1973 (2 of 1974);

(b) "Designated Authority"
shall mean such officer of the Central Government not below the rank
of Joint Secretary to the Government, or such officer of the State Government
not below the rank of Secretary to the Government, as the case may be,
as may be specified by the Central Government or, as the case may be,
the State Government, by a notification published in the Official Gazette;

(c) "proceeds of terrorism"
shall mean all kinds of properties which have been derived or obtained
from commission of any terrorist act or have been acquired through funds
traceable to a terrorist act, and shall include cash irrespective of
person in whose name such proceeds are standing or in whose possession
they are found;

(d) "property"
means property and assets of every description, whether corporeal or
incorporeal, movable or immovable, tangible or intangible and deeds
and instruments evidencing title to, or interest in, such property or
assets and includes bank account;

(e) "Public Prosecutor"
means a Public Prosecutor or an Additional Public Prosecutor or a Special
Public Prosecutor appointed under section 28 and includes any person
acting under the directions of the Public Prosecutor;

(g) "terrorist act"
has the meaning assigned to it in sub-section (1) of section 3, and
the expression "terrorist" shall be construed accordingly;

(h) "State Government",
in relation to a Union territory, means the Administrator thereof;

(i) words and expressions
used but not defined in this Act and defined in the Code shall have
the meanings respectively assigned to them in the Code.

(2) Any reference in this
Act to any enactment or any provision thereof shall, in relation to
an area in which such enactment or such provision is not in force, be
construed as a reference to the corresponding law or the relevant provision
of the corresponding law, if any, in force in that area.

CHAPTER II

Punishment
for, and measures for dealing with, terrorist activities

3. Punishment for terrorist
acts.-

(1) Whoever,—

(a) with intent to threaten
the unity, integrity, security or sovereignty of India or to strike
terror in the people or any section of the people does any act or thing
by using bombs, dynamite or other explosive substances or inflammable
substances or firearms or other lethal weapons or poisons or noxious
gases or other chemicals or by any other substances (whether biological
or otherwise) of a hazardous nature or by any other means whatsoever,
in such a manner as to cause, or likely to cause, death of, or injuries
to any person or persons or loss of, or damage to, or destruction of,
property or disruption of any supplies or services essential to the
life of the community or causes damage or destruction of any property
or equipment used or intended to be used for the defense of India or
in connection with any other purposes of the Government of India, any
State Government or any of their agencies, or detains any person and
threatens to kill or injure such person in order to compel the Government
or any other person to do or abstain from doing any act;

(b) is or continues to
be a member of an association declared unlawful under the Unlawful Activities
(Prevention) Act, 1967 (37 of 1967), or voluntarily does an act aiding
or promoting in any manner the objects of such association and in either
case is in possession of any unlicensed firearms, ammunition, explosive
or other instrument or substance capable of causing mass destruction
and commits any act resulting in loss of human life or grievous injury
to any person or causes significant damage to any property, commits
a terrorist act.

Explanation.—For the purposes
of this sub-section, "a terrorist act" shall include the act
of raising funds intended for the purpose of terrorism.

(2) Whoever commits a terrorist
act, shall,—

(a) if such act has resulted
in the death of any person, be punishable with death or imprisonment
for life and shall also be liable to fine;

(b) in any other case,
be punishable with imprisonment for a term which shall not be less than
five years but which may extend to imprisonment for life and shall also
be liable to fine.

(3) Whoever conspires or
attempts to commit, or advocates, abets, advises or incites or knowingly
facilitates the commission of, a terrorist act or any act preparatory
to a terrorist act, shall be punishable with imprisonment for a term
which shall not be less than five years but which may extend to imprisonment
for life and shall also be liable to fine.

(4) Whoever voluntarily
harbors or conceals, or attempts to harbour or conceal any person knowing
that such person is a terrorist shall be punishable with imprisonment
for a term which shall not be less than three years but which may extend
to imprisonment for life and shall also be liable to fine:

Provided that this sub-section
shall not apply to any case in which the harbour or concealment is by
the husband or wife of the offender.

(5) Any person who is a
member of a terrorist gang or a terrorist organisation, which is involved
in terrorist acts, shall be punishable with imprisonment for a term
which may extend to imprisonment for life or with fine which may extend
to rupees ten lakh or with both.

Explanation.—For the purposes
of this sub-section, "terrorist organisation" means an organisation
which is concerned with or involved in terrorism.

(6) Whoever knowingly holds
any property derived or obtained from commission of any terrorist act
or has been acquired through the terrorist funds shall be punishable
with imprisonment for a term which may extend to imprisonment for life
or with fine which may extend to rupees ten lakh or with both.

(7) Whoever threatens any
person who is a witness or any other person in whom such witness may
be interested, with violence, or wrongfully restrains or confines the
witness, or any other person in whom the witness may be interested,
or does any other unlawful act with the said intent, shall be punishable
with imprisonment which may extend to three years and fine.

4. Possession of certain
unauthorized arms, etc.-

Where any person is in
unauthorised possession of any—

(a) arms or ammunition
specified in columns (2) and (3) of Category I or Category III (a) of
Schedule I to the Arms Rules, 1962, in a notified area,

(b) bombs, dynamite or
hazardous explosive substances or other lethal weapons capable of mass
destruction or biological or chemical substances of warfare in any area,
whether notified or not, he shall be guilty of terrorist act notwithstanding
anything contained in any other law for the time being in force, and
be punishable with imprisonment for a term which may extend to imprisonment
for life or with fine which may extend to rupees ten lakh or with both.

Explanation.—In this section,
"notified area" means such area as the State Government may,
by notification in the Official Gazette, specify.

5. Enhanced penalties.-

(1) If any person with
intent to aid any terrorist contravenes any provision of, or any rule
made under the Explosives Act, 1884 (4 of 1884), the Explosive Substances
Act, 1908 (6 of 1908), the Inflammable Substances Act, 1952 (20 of 1952)
or the Arms Act, 1959 (54 of 1959), he shall, notwithstanding anything
contained in any of the aforesaid Acts or the rules made thereunder,
be punishable with imprisonment for a term which may extend to imprisonment
for life and shall also be liable to fine.

(2) For the purposes of
this section, any person who attempts to contravene or abets, or does
any act preparatory to the contravention of any provision of any law,
rule or order, shall be deemed to have contravened that provision, and
the provisions of sub-section (1) shall, in relation to such person,
have effect subject to the modification that the reference to "imprisonment
for life" shall be construed as a reference to "imprisonment
for ten years".

6. Holding of proceeds
of terrorism illegal.-

(1) No person shall hold
or be in possession of any proceeds of terrorism.

(2) Proceeds of terrorism,
whether held by a terrorist or by any other person and whether or not
such person is prosecuted or convicted under this Act, shall be liable
to be forfeited to the Central Government or the State Government, as
the case may be, in the manner provided under this Chapter.

7. Powers of investigating
officers and appeal against order of Designated Authority.-

(1) If an officer (not
below the rank of Superintendent of Police) investigating an offence
committed under this Act, has reason to believe that any property in
relation to which an investigation is being conducted, represents proceeds
of terrorism, he shall, with the prior approval in writing of the Director
General of the Police of the State in which such property is situated,
make an order seizing such property and where it is not practicable
to seize such property, make an order of attachment directing that such
property shall not be transferred or otherwise dealt with except with
the prior permission of the officer making such order, or of the Designated
Authority before whom the properties seized or attached are produced
and a copy of such order shall be served on the person concerned.

(2) For the removal of
doubts, it is hereby provided that where an organisation is declared
as a terrorist organisation under this Act and the investigating officer
has reason to believe that any person has custody of any property which
is being used or is intended to be used for the purpose of such terrorist
organisation, he may, by an order in writing, seize or attach such property.

(3) The investigating officer
shall duly inform the Designated Authority within forty-eight hours
of the seizure or attachment of such property.

(4) It shall be open to
the Designated Authority before whom the seized or attached properties
are produced either to confirm or revoke the order of attachment so
issued:

Provided that an opportunity
of making a representation by the person whose property is being attached
shall be given.

(5) In the case of immovable
property attached by the investigating officer, it shall be deemed to
have been produced before the Designated Authority, when the investigating
officer notifies his report and places it at the disposal of the Designated
Authority.

(6) The investigating officer
may seize and detain any cash to which this Chapter applies if he has
reasonable grounds for suspecting that—

(a) it is intended to be
used for the purposes of terrorism;

(b) it forms the whole
or part of the resources of an organisation declared as terrorist organisation
under this Act:

Provided that the cash
seized under this sub-section by the investigating officer shall be
released not later than the period of forty-eight hours beginning with
the time when it is seized unless the matter involving the cash is before
the Designated Authority and such Authority passes an order allowing
its retention beyond forty-eight hours.

Explanation.—For the purposes
of this sub-section, "cash" means—

(a) coins and notes in
any currency;

(b) postal orders;

(c) traveller’s cheques;

(d) banker’s drafts; and

(e) such other monetary
instruments as the Central Government or, as the case may be, the State
Government may specify by an order made in writing.

(7) Any person aggrieved
by an order made by the Designated Authority may prefer an appeal to
the Special Court and the Special Court may either confirm the order
of attachment of property or seizure so made or revoke such order and
release the property.

8. Forfeiture of proceeds
of terrorism.-

Where any property is seized
or attached on the ground that it constitutes proceeds of terrorism
and the Special Court is satisfied in this regard under sub-section
(7) of section 7, it may order forfeiture of such property, whether
or not the person from whose possession it is seized or attached, is
prosecuted in a Special Court for an offence under this Act.

9. Issue of show cause
notice before forfeiture of proceeds of terrorism.-

(1) No order forfeiting
any proceeds of terrorism shall be made under section 8 unless the person
holding or in possession of such proceeds is given a notice in writing
informing him of the grounds on which it is proposed to forfeit the
proceeds of terrorism and such person is given an opportunity of making
a representation in writing within such reasonable time as may be specified
in the notice against the grounds of forfeiture and is also given a
reasonable opportunity of being heard in the matter.

(2) No order of forfeiture
shall be made under sub-section (1), if such person establishes that
he is a bona fide transferee of such proceeds for value without knowing
that they represent proceeds of terrorism.

(3) It shall be competent
for the Special Court to make an order in respect of property seized
or attached,—

(a) directing it to be
sold if it is a perishable property and the provisions of section 459
of the Code shall, as nearly as may be practicable, apply to the net
proceeds of such sale;

(b) nominating any officer
of the Central or State Government, in the case of any other property,
to perform the function of the Administrator of such property subject
to such conditions as may be specified by the Special Court.

10. Appeal.-

(1) Any person aggrieved
by an order of forfeiture under section 8 may, within one month from
the date of the receipt of such order, appeal to the High Court within
whose jurisdiction, the Special Court, who passed the order appealed
against, is situated.

(2) Where an order under
section 8 is modified or annulled by the High Court or where in a prosecution
instituted for the contravention of the provisions of this Act, the
person against whom an order of forfeiture has been made under section
8 is acquitted, such property shall be returned to him and in either
case if it is not possible for any reason to return the forfeited property,
such person shall be paid the price therefor as if the property had
been sold to the Central Government with reasonable interest calculated
from the day of seizure of the property and such price shall be determined
in the manner prescribed.

11. Order of forfeiture
not to interfere with other punishments.-

The order of forfeiture
made under this Act by the Special Court, shall not prevent the infliction
of any other punishment to which the person affected thereby is liable
under this Act.

12. Claims by third
party.-

(1) Where any claim is
preferred, or any objection is made to the seizure of any property under
section 7 on the ground that such property is not liable to seizure,
the Designated Authority before whom such property is produced, shall
proceed to investigate the claim or objection:

Provided that no such investigation
shall be made where the Designated Authority considers that the claim
or objection is designed to cause unnecessary delay.

(2) In case claimant or
objector establishes that the property specified in the notice issued
under section 9 is not liable to be forfeited under the Act, the said
notice shall be withdrawn or modified accordingly.

13. Powers of Designated
Authority.-

The Designated Authority,
acting under the provisions of this Act, shall have all the powers of
a civil court required for making a full and fair enquiry into the matter
before it.

14. Obligation to furnish
information.-

(1) Notwithstanding anything
contained in any other law, the officer investigating any offence under
this Act, with prior approval in writing of an officer not below the
rank of a Superintendent of Police, may require any officer or authority
of the Central Government or a State Government or a local authority
or a bank, or a company, or a firm or any other institution, establishment,
organisation or any individual to furnish information in their possession
in relation to such offence, on points or matters, where the investigating
officer has reason to believe that such information will be useful for,
or relevant to, the purposes of this Act.

(2) Failure to furnish
the information called for under sub-section (1), or deliberately furnishing
false information shall be punishable with imprisonment for a term which
may extend to three years or with fine or with both.

(3) Notwithstanding anything
contained in the Code, the offence under sub-section (1) shall be tried
as a summary case and the procedure prescribed in Chapter XXI of the
said Code [except sub-section (2) of section 262] shall be applicable
thereto.

15. Certain transfers
to be null and void.-

Where, after the issue
of an order under section 7 or issue of a notice under section 9, any
property referred to in the said order or notice is transferred by any
mode whatsoever, such transfer shall, for the purpose of the proceedings
under this Act, be ignored and if such property is subsequently forfeited,
the transfer of such property shall be deemed to be null and void.

16. Forfeiture of property
of certain persons.-

(1) Where any person is
accused of any offence under this Act, it shall be open to the Special
Court trying him to pass an order that all or any of the properties,
movable or immovable or both belonging to him, shall, during the period
of such trial, be attached, if not already attached under this Act.

(2) Where a person has
been convicted of any offence punishable under this Act, the Special
Court may, in addition to awarding any punishment, by order in writing,
declare that any property, movable or immovable or both, belonging to
the accused and specified in the order, shall stand forfeited to the
Central Government or the State Government, as the case may be, free
from all encumbrances.

17. Company to transfer
shares to Government.-

Where any shares in a company
stand forfeited to the Central Government or the State Government, as
the case may be, under this Act, then, the company shall, on receipt
of the order of the Special Court, notwithstanding anything contained
in the Companies Act, 1956 (1 of 1956), or the articles of association
of the company, forthwith register the Central Government or the State
Government, as the case may be, as the transferee of such shares.

CHAPTER III

Terrorist
organisations

18. Declaration of an
organization as a terrorist organization.-

(1) For the purposes of
this Act, an organisation is a terrorist organisation if—

(a) it is listed in the
Schedule, or

(b) it operates under the
same name as an organisation listed in that Schedule.

(2) The Central Government
may by order, in the Official Gazette,—

(a) add an organisation
to the Schedule;

(b) remove an organisation
from that Schedule;

(c) amend that Schedule
in some other way.

(3) The Central Government
may exercise its power under clause (a) of sub-section (2) in respect
of an organisation only if it believes that it is involved in terrorism.

(4) For the purposes of
sub-section (3), an organisation shall be deemed to be involved in terrorism
if it—

(a) commits or participates
in acts of terrorism,

(b) prepares for terrorism,

(c) promotes or encourages
terrorism, or

(d) is otherwise involved
in terrorism.

19. Denotification of a
terrorist organization.-

(1) An application may
be made to the Central Government for the exercise of its power under
clause (b) of sub-section (2) of section 18 to remove an organisation
from the Schedule.

(2) An application may
be made by—

(a) the organisation, or

(b) any person affected
by inclusion of the organisation in the Schedule as a terrorist organisation.

(3) The Central Government
may make rules to prescribe the procedure for admission and disposal
of an application made under this section.

(4) Where an application
under sub-section (1) has been refused, the applicant may apply for
a review to the Review Committee constituted by the Central Government
under sub-section (1) of section 60 within one month from the date of
receipt of the order by the applicant.

(5) The Review Committee
may allow an application for review against refusal to remove an organisation
from the Schedule, if it considers that the decision to refuse was flawed
when considered in the light of the principles applicable on an application
for judicial review.

(6) Where the Review Committee
allows review under sub-section (5) by or in respect of an organisation,
it may make an order under this sub-section.

(7) Where an order is made
under sub-section (6), the Central Government shall, as soon as the
certified copy of the order is received by it, make an order removing
the organisation from the list in the Schedule.

20. Offence relating
to membership of a terrorist organization.-

(1) A person commits an
offence if he belongs or professes to belong to a terrorist organisation:

Provided that this sub-section
shall not apply where the person charged is able to prove—

(a) that the organisation
was not declared as a terrorist organisation at the time when he became
a member or began to profess to be a member; and

(b) that he has not taken
part in the activities of the organisation at any time during its inclusion
in the Schedule as a terrorist organisation.

(2) A person guilty of
an offence under this section shall be liable, on conviction, to imprisonment
for a term not exceeding ten years or with fine or with both.

21. Offence relating to
support given to a terrorist organization.-

(1) A person commits an
offence if—

(a) he invites support
for a terrorist organisation, and

(b) the support is not,
or is not restricted to, the provision of money or other property within
the meaning of section 22.

(2) A person commits an
offence if he arranges, manages or assists in arranging or managing
a meeting which he knows is—

(a) to support a terrorist
organisation, or

(b) to further the activities
of a terrorist organisation, or

(c) to be addressed by
a person who belongs or professes to belong to a terrorist organisation.

(3) A person commits an
offence if he addresses a meeting for the purpose of encouraging support
for a terrorist organisation or to further its activities.

(4) A person guilty of
an offence under this section shall be liable on conviction, to imprisonment
for a term not exceeding ten years or with fine or with both.

Explanation.—For the purposes
of this section, the expression "meeting" means a meeting
of three or more persons whether or not the public are admitted.

22. Fund raising for
a terrorist organization to be an offence.-

(1) A person commits an
offence if he—

(a) invites another to
provide money or other property, and

(b) intends that it should
be used, or has reasonable cause to suspect that it may be used, for
the purposes of terrorism.

(2) A person commits an
offence if he—

(a) receives money or other
property, and

(b) intends that it should
be used, or has reasonable cause to suspect that it may be used, for
the purposes of terrorism.

(3) A person commits an
offence if he—

(a) provides money or other
property, and

(b) knows or has reasonable
cause to suspect that it will or may be used for the purposes of terrorism.

(4) In this section, a
reference to the provision of money or other property is a reference
to its being given, lent or otherwise made available, whether or not
for consideration.

(5) A person guilty of
an offence under this section shall be liable on conviction, to imprisonment
for a term not exceeding fourteen years or with fine or with both.

CHAPTER IV

Special
Courts

23. Special Courts.-

(1) The Central Government
or a State Government may, by notification in the Official Gazette,
constitute one or more Special Courts for such area or areas, or for
such case or class or group of cases, as may be specified in the notification.

(2) Where a notification
constituting a Special Court for any area or areas or for any case or
class or group of cases is issued by the Central Government under sub-section
(1), and a notification constituting a Special Court for the same area
or areas or for the same case or class or group of cases has also been
issued by the State Government under that sub-section, the Special Court
constituted by the Central Government, whether the notification constituting
such Court is issued before or after the issue of the notification constituting
the Special Court by the State Government, shall have, and the Special
Court constituted by the State Government shall not have, jurisdiction
to try any offence committed in that area or areas or, as the case may
be, the case or class or group of cases and all cases pending before
any Special Court constituted by the State Government shall stand transferred
to the Special Court constituted by the Central Government.

(3) Where any question
arises as to the jurisdiction of any Special Court, it shall be referred
to the Central Government whose decision in the matter shall be final.

(4) A Special Court shall
be presided over by a judge to be appointed by the Central Government
or, as the case may be, the State Government, with the concurrence of
the Chief Justice of the High Court.

(5) The Central Government
or, as the case may be, the State Government may also appoint, with
the concurrence of the Chief Justice of the High Court, additional judges
to exercise jurisdiction of a Special Court.

(6) A person shall not
be qualified for appointment as a judge or an additional judge of a
Special Court unless he is, immediately before such appointment, a sessions
judge or an additional sessions judge in any State.

(7) For the removal of
doubts, it is hereby provided that the attainment, by a person appointed
as a judge or an additional judge of a Special Court, of the age of
superannuation under the rules applicable to him in the service to which
he belongs, shall not affect his continuance as such judge or additional
judge.

(8) Where any additional
judge or additional judges is or are appointed in a Special Court, the
judge of the Special Court may, from time to time, by general or special
order, in writing, provide for the distribution of business of the Special
Court among all judges including himself and the additional judge or
additional judges and also for the disposal of urgent business in the
event of his absence or the absence of any additional judge.

24. Place of sitting.-

A Special Court may, on
its own motion, or on an application made by the Public Prosecutor and
if it considers it expedient or desirable so to do, sit for any of its
proceedings at any place other than its ordinary place of sitting:

Provided that nothing in
this section shall be construed to change the place of sitting of a
Special Court constituted by a State Government to any place outside
that State.

25. Jurisdiction of
Special Courts.-

(1) Notwithstanding anything
contained in the Code, every offence punishable under any provision
of this Act shall be triable only by the Special Court within whose
local jurisdiction it was committed or, as the case may be, by the Special
Court constituted for trying such offence under section 23.

(2) If, having regard to
the exigencies of the situation prevailing in a State,—

(a) it is not possible
to have a fair, impartial or speedy trial; or

(b) it is not feasible
to have the trial without occasioning the breach of peace or grave risk
to the safety of the accused, the witnesses, the Public Prosecutor and
a judge of the Special Court or any of them; or

(c) it is not otherwise
in the interests of justice,

the Supreme Court may transfer
any case pending before a Special Court to any other Special Court within
that State or in any other State and the High Court may transfer any
case pending before a Special Court situated in that State to any other
Special Court within the State.

(3) The Supreme Court or
the High Court, as the case may be, may act under this section either
on the application of the Central Government or a party interested and
any such application shall be made by motion, which shall, except when
the applicant is the Attorney-General of India, be supported by an affidavit
or affirmation.

26. Power of Special
Courts with respect to other offences.-

(1) When trying any offence,
a Special Court may also try any other offence with which the accused
may, under the Code, be charged at the same trial if the offence is
connected with such other offence.

(2) If, in the course of
any trial under this Act of any offence, it is found that the accused
person has committed any other offence under this Act or under any other
law, the Special Court may convict such person of such other offence
and pass any sentence or award punishment authorised by this Act or
such rule or, as the case may be, under such other law.

27. Power to direct
for samples, etc.-

(1) When a police officer
investigating a case requests the Court of a Chief Judicial Magistrate
or the Court of a Chief Metropolitan Magistrate in writing for obtaining
samples of handwriting, finger-prints, foot-prints, photographs, blood,
saliva, semen, hair, voice of any accused person, reasonably suspected
to be involved in the commission of an offence under this Act, it shall
be lawful for the Court of a Chief Judicial Magistrate or the Court
of a Chief Metropolitan Magistrate to direct that such samples be given
by the accused person to the police officer either through a medical
practitioner or otherwise, as the case may be.

(2) If any accused person
refuses to give samples as provided in sub-section (1), the Court shall
draw adverse inference against the accused.

28. Public Prosecutors.-

(1) For every Special Court,
the Central Government or, as the case may be, the State Government,
shall appoint a person to be the Public Prosecutor and may appoint one
or more persons to be the Additional Public Prosecutor or Additional
Public Prosecutors:

Provided that the Central
Government or, as the case may be, the State Government, may also appoint
for any case or class or group of cases, a Special Public Prosecutor.

(2) A person shall not
be qualified to be appointed as a Public Prosecutor or an Additional
Public Prosecutor or a Special Public Prosecutor under this section
unless he has been in practice as an Advocate for not less than seven
years or has held any post, for a period of not less than seven years,
under the Union or a State, requiring special knowledge of law.

(3) Every person appointed
as a Public Prosecutor or an Additional Public Prosecutor or a Special
Public Prosecutor under this section shall be deemed to be a Public
Prosecutor within the meaning of clause (u) of section 2 of the Code,
and the provisions of the Code shall have effect accordingly.

29. Procedure and powers
of Special Courts.-

(1) Subject to the provisions
of section 50, a Special Court may take cognizance of any offence, without
the accused being committed to it for trial, upon receiving a complaint
of facts that constitute such offence or upon a police report of such
facts.

(2) Where an offence triable
by a Special Court is punishable with imprisonment for a term not exceeding
three years or with fine or with both, the Special Court may, notwithstanding
anything contained in sub-section (1) of section 260 or section 262
of the Code, try the offence in a summary way in accordance with the
procedure prescribed in the Code and the provisions of sections 263
to 265 of the Code, shall so far as may be, apply to such trial:

Provided that when, in
the course of a summary trial under this sub-section, it appears to
the Special Court that the nature of the case is such that it is undesirable
to try it in a summary way, the Special Court shall recall any witnesses
who may have been examined and proceed to re-hear the case in the manner
provided by the provisions of the Code for the trial of such offence
and the said provisions shall apply to and in relation to a Special
Court as they apply to and in relation to a Magistrate:

Provided further that in
the case of any conviction in a summary trial under this section, it
shall be lawful for a Special Court to pass a sentence of imprisonment
for a term not exceeding one year and with fine which may extend to
rupees five lakh.

(3) Subject to the other
provisions of this Act, a Special Court shall, for the purpose of trial
of any offence, have all the powers of a Court of Session and shall
try such offence as if it were a Court of Session so far as may be in
accordance with the procedure prescribed in the Code for the trial before
a Court of Session.

(4) Subject to the other
provisions of this Act, every case transferred to a Special Court under
section 25 shall be dealt with as if such case had been transferred
under section 406 of the Code to such Special Court.

(5) Notwithstanding anything
contained in the Code, but subject to the provisions of section 299
of the Code, a Special Court may, if it thinks fit and for reasons to
be recorded by it, proceed with the trial in the absence of the accused
or his pleader and record the evidence of any witness, subject to the
right of the accused to recall the witness for cross-examination.

30. Protection of witnesses.-

(1) Notwithstanding anything
contained in the Code, the proceedings under this Act may, for reasons
to be recorded in writing, be held in camera if the Special Court so
desires.

(2) A Special Court, if
on an application made by a witness in any proceeding before it or by
the Public Prosecutor in relation to such witness or on its own motion,
is satisfied that the life of such witness is in danger, it may, for
reasons to be recorded in writing, take such measures as it deems fit
for keeping the identity and address of such witness secret.

(3) In particular, and
without prejudice to the generality of the provisions of sub-section
(2), the measures which a Special Court may take under that sub-section
may include—

(a) the holding of the
proceedings at a place to be decided by the Special Court;

(b) the avoiding of the
mention of the names and addresses of the witnesses in its orders or
judgments or in any records of the case accessible to public;

(c) the issuing of any
directions for securing that the identity and address of the witnesses
are not disclosed;

(d) a decision that it
is in the public interest to order that all or any of the proceedings
pending before such a Court shall not be published in any manner.

(4) Any person who contravenes
any decision or direction issued under sub-section (3) shall be punishable
with imprisonment for a term which may extend to one year and with fine
which may extend to one thousand rupees.

31. Trial by Special
Courts to have precedence.-

The trial under this Act
of any offence by a Special Court shall have precedence over the trial
of any other case against the accused in any other court (not being
a Special Court) and shall be concluded in preference to the trial of
such other case and accordingly the trial of such other case shall remain
in abeyance.

32. Certain confessions
made to police officers to be taken into consideration.-

(1) Notwithstanding anything
in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject
to the provisions of this section, a confession made by a person before
a police officer not lower in rank than a Superintendent of Police and
recorded by such police officer either in writing or on any mechanical
or electronic device like cassettes, tapes or sound tracks from out
of which sound or images can be reproduced, shall be admissible in the
trial of such person for an offence under this Act or the rules made
thereunder.

(2) A police officer shall,
before recording any confession made by a person under sub-section (1),
explain to such person in writing that he is not bound to make a confession
and that if he does so, it may be used against him:

Provided that where such
person prefers to remain silent, the police officer shall not compel
or induce him to make any confession.

(3) The confession shall
be recorded in an atmosphere free from threat or inducement and shall
be in the same language in which the person makes it.

(4) The person from whom
a confession has been recorded under sub-section (1), shall be produced
before the Court of a Chief Metropolitan Magistrate or the Court of
a Chief Judicial Magistrate along with the original statement of confession,
written or recorded on mechanical or electronic device within forty-eight
hours.

(5) The Chief Metropolitan
Magistrate or the Chief Judicial Magistrate, shall, record the statement,
if any, made by the person so produced and get his signature or thumb
impression and if there is any complaint of torture, such person shall
be directed to be produced for medical examination before a Medical
Officer not lower in rank than an Assistant Civil Surgeon and thereafter,
he shall be sent to judicial custody.

33. Power to transfer
cases to regular courts.-

Where, after taking cognizance
of any offence, a Special Court is of the opinion that the offence is
not triable by it, it shall, notwithstanding that it has no jurisdiction
to try such offence, transfer the case for the trial of such offence
to any court having jurisdiction under the Code and the Court to which
the case is transferred may proceed with the trial of the offence as
if it had taken cognizance of the offence.

34. Appeal.-

(1) Notwithstanding anything
contained in the Code, an appeal shall lie from any judgment, sentence
or order, not being an interlocutory order, of a Special Court to the
High Court both on facts and on law.

Explanation.—For the purposes
of this section, "High Court" means a High Court within whose
jurisdiction, a Special Court which passed the judgment, sentence or
order, is situated.

(2) Every appeal under
sub-section (1) shall be heard by a bench of two Judges of the High
Court.

(3) Except as aforesaid,
no appeal or revision shall lie to any court from any judgment, sentence
or order including an interlocutory order of a Special Court.

(4) Notwithstanding anything
contained in sub-section (3) of section 378 of the Code, an appeal shall
lie to the High Court against an order of the Special Court granting
or refusing bail.

(5) Every appeal under
this section shall be preferred within a period of thirty days from
the date of the judgment, sentence or order appealed from:

Provided that the High
Court may entertain an appeal after the expiry of the said period of
thirty days if it is satisfied that the appellant had sufficient cause
for not preferring the appeal within the period of thirty days.

35. Transitional provisions
and transfer of pending proceedings.-

(1) The jurisdiction conferred
by this Act on a Special Court, shall, until a Special Court is constituted
under section 23, in the case of any offence punishable under this Act,
notwithstanding anything contained in the Code, be exercised by the
Court of Session of the division in which such offence has been committed
and it shall have all the powers and follow the procedure provided under
this Chapter.

(2) On and from the date
when the Special Court is constituted under section 23, every trial
under the provisions of this Act, which would have been required to
be held before the Special Court, shall stand transferred to that Court
on the date on which it is constituted.

CHAPTER V

Interception
of communication in certain cases

36. Definitions.-

In this Chapter, unless
the context otherwise requires,—

(a) "electronic communication"
means any transmission of signs, signals, writings, images, sounds,
data or intelligence of any nature transmitted in whole or in part by
a wire, radio, electromagnetic, photo electronic or photo optical system
that affects inland or foreign commerce but does not include—

(i) the radio portion of
a cordless telephone communication that is transmitted between the wireless
telephone hand-set and the base unit; or

(ii) any wire or oral communication;
or

(iii) any communication
made through a tone only paging device; or

(iv) any communication
from a tracking device;

(b) "intercept"
means the aural or other acquisition of the contents by wire, electronic
or oral communication through the use of any electronic, mechanical
or other device;

(c) "oral communication"
means any oral communication uttered by a person exhibiting an expectation
that such communication is not subject to interception under circumstances
justifying such expectation but such term does not include any electronic
communication;

(d) "wire communication"
means any aural transmission made in whole or part through the use of
facilities for the transmission of communications by the aid of wire,
cable or other like connection between the point of origin and the point
of connection, between the point of origin and the point of reception
(including the use of such connection in switching station) and such
term includes any electronic storage of such communication.

37. Appointment of Competent
Authority.-

The Central Government
or the State Government, as the case may be, may appoint an officer
not below the rank of Secretary to the Government in the case of State
Government and not below the rank of Joint Secretary to the Government
in the case of Central Government, to be the Competent Authority for
the purposes of this Chapter.

38. Application for authorization
of interception of wire, electronic or oral communication.-

(1) A police officer not
below the rank of Superintendent of Police supervising the investigation
of any terrorist act under this Act may submit an application in writing
to the Competent Authority for an order authorising or approving the
interception of wire, electronic or oral communication by the investigating
officer when he believes that such interception may provide, or has
provided evidence of any offence involving a terrorist act.

(2) Each application shall
include the following information:—

(a) the identity of the
investigating officer making the application, and the head of the department
authorising the application;

(b) a statement of the
facts and circumstances relied upon by the applicant to justify his
belief that an order should be issued, including—

(i) details as to the offence
of terrorist act that has been, is being, or is about to be committed;

(ii) a particular description
of the nature and location of the facilities from which or the place
where the communication is to be intercepted;

(iii) a particular description
of the type of communications sought to be intercepted; and

(iv) the identity of the
person, if known, committing the terrorist act whose communications
are to be intercepted;

(c) a statement of the
period of time for which the interception is required to be maintained,
if the nature of the enquiry is such that the authorisation of interception
should not automatically terminate after the described type of communication
has been first obtained;

(d) a particular description
of facts establishing probable cause to believe that additional communications
of the same type will occur thereafter; and

(e) where the application
is for the extension of an order, a statement setting forth the results
thus far obtained from the interception, or a reasonable explanation
of the failure to obtain such results.

(3) The Competent Authority
may require the applicant to furnish additional oral or documentary
evidence in support of the application.

39. Decision by Competent
Authority on application for interception

(1) Upon such application,
the Competent Authority may reject the application, or issue an order,
as requested or as modified, authorising or approving interception of
wire, electronic or oral communications, if the Competent Authority
determines on the basis of the facts submitted by the applicant that—

(a) there is a probable
cause for belief that an individual is committing, has committed, or
is about to commit, a particular offence described and made punishable
under sections 3 and 4 of this Act;

(b) there is a probable
cause of belief that particular communications concerning that offence
may be obtained through such interception;

(c) there is probable
cause of belief that the facilities from which, or the place where,
the wire, electronic or oral communications are to be intercepted are
being used or are about to be used, in connection with the commission
of such offence, leased to, or are listed in, the name of or commonly
used by such person.

(2) Each order by the Competent
Authority authorising or approving the interception of any wire, electronic
or oral communication under this section shall specify—

(a) the identity of the
person, if known, whose communications are to be intercepted;

(b) the nature and location
of the communication facilities as to which, or the place where, authority
to intercept is granted;

(c) a particular description
of the type of communication sought to be intercepted, and a statement
of the particular offence to which it relates;

(d) the identity of the
agency authorised to intercept the communications, and the person authorising
the application; and

(e) the period of time
during which such interception is authorised, including a statement
as to whether or not the interception shall automatically terminate
after the described communication has been first obtained.

40. Submission of order
of interception to Review Committee.

(1) The Competent Authority
shall, immediately after passing the order under sub-section (1) of
section 39, but in any case not later than seven days from the passing
of the order, submit a copy of the same to the Review Committee constituted
under section 60 alongwith all the relevant underlying papers, record
and his own findings, in respect of the said order, for consideration
and approval of the order by the Review Committee.

(2) An order authorising
the interception of a wire, electronic or oral communication under this
section shall, upon request of the applicant, direct that a provider
of wire or electronic communication service, landlord, custodian or
other person shall furnish to the applicant forthwith all information,
facilities and technical assistance necessary to accomplish the interception
unobtrusively and with a minimum of interference with the services that
such service provider, landlord, custodian or person is providing to
the person whose communications are to be intercepted.

41. Duration of an order
of inception, etc.

(1) No order issued under
this section may authorise or approve the interception of any wire,
electronic or oral communication for any period longer than is necessary
to achieve the objective of the authorisation, nor in any event longer
than sixty days and such sixty days period shall begin on the day immediately
preceding the day on which the investigating officer first begins to
conduct an interception under the order or ten days after order is issued
whichever is earlier.

(2) The extension of an
order may be granted, but only upon an application for an extension
made in accordance with sub-section (1) of section 38 and the Competent
Authority making the findings required by sub-section (1) of section
39, and the period of such extension shall be no longer than the Competent
Authority deems necessary to achieve the purposes for which it was granted
and in no event for longer than sixty days at a time.

(3) Every order and extension
thereof shall contain a provision that the authorisation to intercept
shall be executed as soon as practicable and shall be conducted in such
manner as to minimise the interception of communications not otherwise
subject to interception under this section and shall terminate upon
attainment of the authorised objective, or in any event on the expiry
of the period of said order or extension thereof.

42. Authority competent
to carry out interception.

(1) An interception under
this Chapter may be conducted in whole or in part by a public servant,
acting under the supervision of the investigating officer authorised
to conduct the interception.

(2) Whenever an order authorising
an interception is issued pursuant to this section, the order may require
reports to be made to the Competent Authority who issued the order showing
that progress has been made towards achievement of the authorised objective
and the need for continued interception and such report shall be made
at such intervals as the Competent Authority may require.

43. Interception of
communication in emergency.

(1) Notwithstanding anything
contained in any other provision of this Chapter, an officer not below
the rank of Additional Director General of Police or a police officer
of equivalent rank who reasonably determines that—

(a) an emergency situation
exists that involves—

(i) immediate danger of
death or serious physical injury to any person; or

(ii) conspiratorial activities
threatening the security or interest of the State; or

(iii) conspiratorial activities,
characteristic of a terrorist act, that requires a wire, electronic
or oral communication to be intercepted before an order from the Competent
Authority authorising such interception can, with due diligence, be
obtained; and

(b) there are grounds on
which an order should be issued under this section to authorise such
interception,

may authorise, in writing,
the investigating officer to intercept such wire, electronic or oral
communication, if an application for an order approving the interception
is made in accordance with the provisions of sub-sections (1) and (2)
of section 38 within forty-eight hours after the interception has occurred,
or begins to occur.

(2) In the absence of an
order approving the interception made under sub-section (1), such interception
shall immediately terminate when the communication sought is obtained
or when the application for the order is rejected, whichever is earlier;
and in the event of an application for permitting interception being
rejected under sub-section (1) of section 39 or an application under
sub-section (1) of this section for approval being rejected, or in any
other case where the interception is terminated without an order having
been issued, the contents of any wire, electronic or oral communication
intercepted shall be treated as having been obtained in violation of
this section.

44. Protection of information
collected.

(1) The contents of any
wire, electronic or oral communication intercepted by any means authorised
by this Chapter shall, as far as possible, be recorded on tape or wire
or other comparable device and shall be done in such manner as to protect
the recording from editing or other alterations.

(2) Immediately upon the
expiration of the period of order, or extension thereof, such recording
shall be made available to the Competent Authority issuing such order
and shall be sealed under his directions and kept in the custody of
such person or authority as the Competent Authority orders, and such
recordings shall not be destroyed except upon an order of the Competent
Authority and in any event shall be kept for ten years.

(3) Applications made and
orders issued under this Chapter shall be sealed by the Competent Authority
and custody of the applications and orders shall be kept in such manner
as the Competent Authority directs, and shall not be destroyed except
on an order of the Competent Authority, and in any event shall be kept
for ten years.

45. Admissibility of
evidence collected through the interception of communications.

Notwithstanding anything
in the Code or in any other law for the time being in force, the evidence
collected through the interception of wire, electronic or oral communication
under this Chapter shall be admissible as evidence against the accused
in the Court during the trial of a case:

Provided that, the contents
of any wire, electronic or oral communication intercepted pursuant to
this Chapter or evidence derived therefrom shall not be received in
evidence or otherwise disclosed in any trial, hearing or other proceeding
in any court unless each accused has been furnished with a copy of the
order of the Competent Authority, and accompanying application, under
which the interception was authorised or approved not less than ten
days before trial, hearing or proceeding:

Provided further that,
the period of ten days may be waived by the judge trying the matter,
if he comes to the conclusion that it was not possible to furnish the
accused with the above information ten days before the trial, hearing
or proceeding and that the accused will not be prejudiced by the delay
in receiving such information.

46. Review of authorization
order.

(1) The Review Committee
constituted by the Central Government or the State Government, as the
case may be, shall review every order passed by the Competent Authority
under section 39.

(2) Every order passed
by the Competent Authority under section 39, or disapproved by the officer
under section 43, shall be placed before the Review Committee, which
shall be considered by the Review Committee within ten days after its
receipt, to decide whether the order was necessary, reasonable and justified.

(3) The Review Committee,
after examining the entire record and holding such enquiry, if any,
deemed necessary may, by order in writing, either approve the order
passed by the Competent Authority or may issue order disapproving the
same.

(4) On issue of an order
of disapproval by the Review Committee, the interception, if any, already
commenced shall be forthwith discontinued and the intercepted communication,
if any, in the form of tape, wire or other device shall, thereupon,
not be admissible as evidence in any case and shall be directed to be
destroyed.

(a) intentionally intercepts,
endeavours to intercept, or procures any other person to intercept or
endeavour to intercept any wire, electronic or oral communication;

(b) intentionally uses,
endeavours to use, or procures any other person to use or endeavours
to use any electronic, mechanical or other device to intercept any oral
communication when—

(i) such device is affixed
to, or otherwise transmits a signal through a wire, cable, or other
like connection used in wire communication; or

(ii) such device transmits
communications by radio, or interferes with the transmission of such
communication;

(c) intentionally discloses,
or endeavours to disclose, to any other person the contents of any wire,
electronic or oral communication, knowing or having reason to know that
the information was obtained through the interception of a wire, electronic
or oral communication in violation of this Chapter;

(d) intentionally uses,
or endeavours to use, the contents of any wire, electronic or oral communication,
knowing or having reason to know that the information was obtained through
the interception of a wire, electronic or oral communication in violation
of this Chapter;

(e) intentionally discloses,
or endeavours to disclose, to any other unauthorised person the contents
of any wire, electronic or oral communication, intercepted by means
authorised by section 39;

(f) intentionally continues
the interception of wire, electronic or oral communication after the
issue of an order of rejection by the Competent Authority under this
Chapter;

(g) intentionally continues
the interception of wire, electronic or oral communication after the
issue of an order of disapproval by the Review Committee under sub-section
(3) of section 46,

shall for such violation
be punishable with imprisonment for a term which may extend to one year
and with fine up to rupees fifty thousand.

48. Annual report of
interceptions.

(1) The Central Government
and the State Government, as the case may be, shall cause an annual
report to be prepared giving a full account of—

(a) the number of applications
for authorisation of interceptions received by the Competent Authority
from the Police Department in which prosecutions have been launched;

(b) the number of such
applications permitted or rejected;

(c) the number of interceptions
carried out in emergency situations and the number of approvals granted
or rejected in such matters;

(d) the number of prosecutions
launched based on such interceptions and convictions resulting from
such interceptions, along with an explanatory memorandum giving general
assessment of the utility and importance of the interceptions authorised.

(2) An annual report shall
be laid by the State Government before the State Legislature within
three months of the completion of every calendar year:

Provided that, if the State
Government is of the opinion that the inclusion of any matter in the
annual report would be prejudicial to the security of the State or to
the prevention or detection of any terrorist act, the State Government
may exclude such matter from being included in such annual report.

(3) An annual report shall
be laid by the Central Government before each House of Parliament within
three months of the completion of every calendar year:

Provided that, if the Central
Government is of the opinion that the inclusion of any matter in the
annual report would be prejudicial to the security of the country or
to the prevention or detection of any terrorist act, the Central Government
may exclude such matter from being included in such annual report.

CHAPTER VI

Miscellaneous

49. Modified application
of certain provisions of the Code.

(1) Notwithstanding anything
contained in the Code or any other law, every offence punishable under
this Act shall be deemed to be a cognizable offence within the meaning
of clause (c) of section 2 of the Code, and "cognizable case"
as defined in that clause shall be construed accordingly.

(2) Section 167 of the
Code shall apply in relation to a case involving an offence punishable
under this Act subject to the modification that in sub-section (2),—

(a) the references to "fifteen
days", "ninety days" and "sixty days", wherever
they occur, shall be construed as references to "thirty days",
"ninety days" and "ninety days", respectively; and

(b) after the proviso,
the following provisos shall be inserted, namely:—

"Provided further
that if it is not possible to complete the investigation within the
said period of ninety days, the Special Court shall extend the said
period up to one hundred and eighty days, on the report of the Public
Prosecutor indicating the progress of the investigation and the specific
reasons for the detention of the accused beyond the said period of ninety
days:

Provided also that if the
police officer making the investigation under this Act, requests, for
the purposes of investigation, for police custody from judicial custody
of any person from judicial custody, he shall file an affidavit stating
the reasons for doing so and shall also explain the delay, if any, for
requesting such police custody.".

(3) Section 268 of the
Code shall apply in relation to a case involving an offence punishable
under this Act subject to the modification that—

(a) the reference in sub-section
(1) thereof—

(i) to "the State
Government" shall be construed as a reference to "the Central
Government or the State Government",

(ii) to "order of
the State Government" shall be construed as a reference to "order
of the Central Government or the State Government, as the case may be";
and

(b) the reference in sub-section
(2) thereof, to "the State Government" shall be construed
as a reference to "the Central Government or the State Government,
as the case may be".

(4) Sections 366, 367 and
371 of the Code shall apply in relation to a case involving an offence
triable by a Special Court subject to the modification that the reference
to "Court of Session", wherever occurring therein, shall be
construed as the reference to "Special Court".

(5) Nothing in section
438 of the Code shall apply in relation to any case involving the arrest
of any person accused of having committed an offence punishable under
this Act.

(6) Notwithstanding anything
contained in the Code, no person accused of an offence punishable under
this Act shall, if in custody, be released on bail or on his own bond
unless the Court gives the Public Prosecutor an opportunity of being
heard.

(7) Where the Public Prosecutor
opposes the application of the accused to release on bail, no person
accused of an offence punishable under this Act or any rule made thereunder
shall be released on bail until the Court is satisfied that there are
grounds for believing that he is not guilty of committing such offence:

Provided that after the
expiry of a period of one year from the date of detention of the accused
for an offence under this Act, the provisions of sub-section (6) of
this section shall apply.

(8) The restrictions on
granting of bail specified in sub-sections (6) and (7) are in addition
to the restrictions under the Code or any other law for the time being
in force on granting of bail.

(9) Notwithstanding anything
contained in sub-sections (6), (7) and (8), no bail shall be granted
to a person accused of an offence punishable under this Act, if he is
not an Indian citizen and has entered the country unauthorisedly or
illegally except in very exceptional circumstances and for reasons to
be recorded in writing.

50. Cognizance of offences.

No court shall take cognizance
of any offence under this Act without the previous sanction of the Central
Government or, as the case may be, the State Government.

51. Officers competent
to investigate offences under this Act.

Notwithstanding anything
contained in the Code, no police officer,—

(a) in the case of the
Delhi Special Police Establishment, below the rank of a Deputy Superintendent
of Police or a police officer of equivalent rank;

(b) in the metropolitan
areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan
area notified as such under sub-section (1) of section 8 of the Code,
below the rank of an Assistant Commissioner of Police;

(c) in any other case not
relatable to clause (a) or clause (b), below the rank of a Deputy Superintendent
of Police or a police officer of an equivalent rank,

shall investigate any offence
punishable under this Act.

52. Arrest.

(1) Where a police officer
arrests a person, he shall prepare a custody memo of the person arrested.

(2) The person arrested
shall be informed of his right to consult a legal practitioner as soon
as he is brought to the police station.

(3) Whenever any person
is arrested, information of his arrest shall be immediately communicated
by the police officer to a family member or in his absence to a relative
of such person by telegram, telephone or by any other means and this
fact shall be recorded by the police officer under the signature of
the person arrested.

(4) The person arrested
shall be permitted to meet the legal practitioner representing him during
the course of interrogation of the accused person:

Provided that nothing in
this sub-section shall entitle the legal practitioner to remain present
throughout the period of interrogation.

53. Presumption as to
offences under section 3.

(1) In a prosecution for
an offence under sub-section (1) of section 3, if it is proved—

(a) that the arms or explosives
or any other substances specified in section 4 were recovered from the
possession of the accused and there is reason to believe that such arms
or explosives or other substances of a similar nature, were used in
the commission of such offence; or

(b) that the finger-prints
of the accused were found at the site of the offence or on anything
including arms and vehicles used in connection with the commission of
such offence,

the Special Court shall
draw adverse inference against the accused.

(2) In a prosecution for
an offence under sub-section (3) of section 3, if it is proved that
the accused rendered any financial assistance to a person, having knowledge
that such person is accused of, or reasonably suspected of, an offence
under that section, the Special Court shall draw adverse inference against
the accused.

54. Bar of jurisdiction
of courts, etc.

No civil court or other
authority shall have or, be entitled to, exercise any jurisdiction,
powers or authority in relation to the matters referred to in sections
19 and 40 of the Act.

55. Saving.

(1) Nothing in this Act
shall affect the jurisdiction exercisable by, or the procedure applicable
to, any court or other authority under any law relating to the naval,
military or air forces or other armed forces of the Union.

(2) For the removal of
doubts, it is hereby declared that for the purposes of any such law
as is referred to in sub-section (1), a Special Court shall be deemed
to be a court of ordinary criminal justice.

56. Overriding effect.

The provisions of this
Act shall have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act or in any instrument
having effect by virtue of any enactment other than this Act.

57. Protection of action
taken in good faith.

No suit, prosecution or
other legal proceeding shall lie against the Central Government or a
State Government or any officer or authority of the Central Government
or State Government or any other authority on whom powers have been
conferred under this Act, for anything which is in good faith done or
purported to be done in pursuance of this Act:

Provided that no suit,
prosecution or other legal proceedings shall lie against any serving
member or retired member of the armed forces or other para-military
forces in respect of any action taken or purported to be taken by him
in good faith, in the course of any operation directed towards combating
terrorism.

58. Punishment and compensation
for malicious action.

(1) Any police officer
who exercises powers corruptly or maliciously, knowing that there are
no reasonable grounds for proceeding under this Act, shall be punishable
with imprisonment which may extend to two years, or with fine, or with
both.

(2) If the Special Court
is of the opinion that any person has been corruptly or maliciously
proceeded against under this Act, the Court may award such compensation
as it deems fit to the person, so proceeded against and it shall be
paid by the officer, person, authority or Government, as may be specified
in the order.

59. Impounding passport
and arms licence of person chargesheeted under the Act.

Notwithstanding anything
contained in any other law for the time being in force, the passport
and the arms licence of a person, who is charge-sheeted for having committed
any offence under this Act, shall be deemed to have been impounded for
such period as the Special Court may deem fit.

60. Review Committees.

(1) The Central Government
and each State Government shall, whenever necessary, constitute one
or more Review Committees for the purposes of this Act.

(2) Every such Committee
shall consist of a Chairperson and such other members not exceeding
three and possessing such qualifications as may be prescribed.

(3) A Chairperson of the
Committee shall be a person who is, or has been, a Judge of a High Court,
who shall be appointed by the Central Government, or as the case may
be, the State Government, so however, that the concurrence of the Chief
Justice of the High Court shall be obtained in the case of a sitting
Judge:

Provided that in the case
of a Union territory, the appointment of a person who is a Judge of
the High Court of a State shall be made as a Chairperson with the concurrence
of the Chief Justice of the concerned High Court.

61. Power of High Courts
to make rules.

The High Court may, by
notification in the Official Gazette, make such rules, if any, as they
may deem necessary for carrying out the provisions of this Act relating
to Special Courts within their territories.

62. Power to make rules.

(1) Without prejudice to
the powers of the High Courts to make rules under section 61, the Central
Government may, by notification in the Official Gazette, make rules
for carrying out the provisions of this Act.

(2) In particular, and
without prejudice to the generality of the foregoing powers, such rules
may provide for all or any of the following matters, namely:—

(a) regulating the conduct
of persons in respect of areas the control of which is considered necessary
or expedient and the removal of such persons from such areas;

(b) the entry into, and
search of—

(i) any vehicle, vessel
or aircraft; or

(ii) any place, whatsoever,

Reasonably suspected of
being used for committing the offences referred to in section 3 or section
4 or for manufacturing or storing anything for the commission of any
such offence;

(c) conferring powers upon—

(i) the Central Government;

(ii) a State Government;

(iii) an Administrator
of a Union territory under article 239 of the Constitution;

(iv) an officer of the
Central Government not lower in rank than that of a Joint Secretary;
or

(v) an officer of a State
Government not lower in rank than that of a District Magistrate,

to make general or special
orders to prevent or deal with terrorist acts;

(d) the arrest and trial
of persons contravening any of the rules or any order made thereunder;

(e) the punishment of any
person who contravenes or attempts to contravene or abets or attempts
to abet the contravention of any rule or order made thereunder with
imprisonment for a term which may extend to one year or fine or both;

(f) providing for the seizure
and detention of any property in respect of which such contravention,
attempt or abetment as is referred to in clause (e) has been committed
and for the adjudication of such seizure and detention, whether by any
court or by any other authority;

(g) determination of the
price of the forfeited property under sub-section (2) of section 10;

(h) the procedure of making
application under sub-section (3) of section 19; and

(i) the qualifications
of the members of the Review Committee under sub-section (2) of section
60.

63. Orders and rules to
be laid before Houses of Parliament.

Every order and every rule
made by the Central Government under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in
the order or rule or both Houses agree that the order or rule should
not be made, the order or rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that order or rule.

(2) Notwithstanding the
repeal of the said Ordinance, anything done or any action taken under
the said Ordinance shall be deemed to have been done or taken under
the corresponding provisions of this Act.

Explanation.—For the purposes
of this Schedule, serial numbers 24 and 25 shall be deemed to have been
included with effect from the date of publication of S.O. No. 1194(E),
dated the 5th December, 2001.